Preliminary Reading: The Functional Utility Test, The Common and Commercial Parlance Test, The Drug Controller’s Registration Test, The Composition-Product Literature-Label & Character Test.
My Lord, is Vaseline Intensive Care Heel Guard a Skin Care Preparation or a Medicament?
“Vaseline Intensive Care Heel Guard, is marketed as a solution for cracked heels… essentially used for treatment of ‘cracked heels’, protection from further cracks in the human heels due to extreme climatic conditions and low humidity, constant exposure of feet to water and due to absence of shoe or other protection while walking… Drug Authorities have treated the same as a Medicament… the effect of mitigation of an external condition is the primary effect of the product and the effect of smoothing the skin is secondary in nature… the pamphlet of the product, gives more emphasis to the therapeutic value of the product.
Vaseline Intensive Care Heel Guard is a Medicament.”
– Hon’ble Justice A.K. Sikri, Commissioner of Central Excise, [Civil Appeal No. 1941 of 2006].